HomeMy WebLinkAbout078 - 07/03/2018 - APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECT FUND FOR THE POUDRE RIVER WHITEWATER PARK J
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ORDINANCE NO. 078, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECT
FUND FOR THE POUDRE RIVER WHITEWATER PARK PROJECT AND
TRANSFERRING APPROPRIATIONS FROM THE CAPITAL PROJECT FUND
TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC
PLACES PROGRAM FOR THE POUDRE RIVER WHITEWATER PARK PROJECT
WHEREAS, at a regular City election held on April 7, 2015, the voters of the City of Fort
Collins approved the extension of the expiring twenty-five hundredths percent (0.25%) capital
projects sales and use tax (the "Tax") for a period of ten years; and
WHEREAS, the purpose of the Tax, as outlined in the ballot measure, is the planning,
design, real property acquisition, and construction of seventeen capital projects and related
operation and, maintenance, referred to as the Community Capital Improvement Program
("CCIP"), which includes construction of Downtown Poudre River Enhancements and a Kayak
Park (the "Whitewater Park Project" or"Project"); and
WHEREAS, pursuant to Ordinance No. 013, 2015 ("Building on Basics Ordinance"), in
which the City Council recognized and adopted the passage of the April 7, 2015, CCIP ballot
measure, prior to use of any revenues from the Tax for construction of the Whitewater Park Project
(but not before beginning planning, design, and property acquisition) the City Council must have
determined, after receiving a report and recommendation from the City Manager, that the City has
received at least $1,500,000 in contributions and pledges of cash and other property from private
sources in support of the Whitewater Park Project, and
WHEREAS, on March 6, 2018, the City and the Urban Renewal Authority (the "URA")
entered into an intergovernmental agreement by which the URA agreed to provide the City
additional funds toward the Whitewater Park Project costs, recognizing the value of the Project in
furthering the URA's North College Plan; and
WHEREAS, on May 1, 2018, the City Council adopted Ordinance No. 058, 2018,
appropriating additional funds for the Whitewater Park Project, including $300,000 provided by
the URA, subject to the conditions that:
• such additional funds may not be expended for construction of the Project until the
City Manager provides a further report and recommendation indicating the City has
received the full $1,500,000 in private contributions and pledges; and
• the City Council adopts a resolution making a determination that such condition of
Ordinance No. 013, 2015, has been fully satisfied; and
WHEREAS, the City Manager reported and recommended to City Council, pursuant to the
conditions in Ordinance No. 058, 2018, that the City has received a total of$1,921,950 in private
fundraising donations toward the Project, $1,603,852 of which has been appropriated, and
$318,099 still requires appropriation; and
WHEREAS, the City Manager has recommended appropriation of the remaining$318,099
in private fund donations, as described herein, and determined that these appropriations are
available and previously unappropriated from the General Fund and the Capital Project Fund, as
applicable, and will not cause the total amount appropriated in such funds, as applicable,to exceed
the current estimate of actual and anticipated revenues to be received in these funds during the
fiscal year; and
WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of
Fort Collins and serves the public purpose of providing recreational resources for the community;
and
WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make
supplemental appropriations by ordinance at any time during the fiscal year,provided that the total
amount of such supplemental appropriations, in combination with all previous appropriations for
that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be
received during the fiscal year; and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund or capital project to another fund or capital project, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital
project in which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance; and
WHEREAS, this project involves construction estimated to cost more than $250,000, as
such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be
transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places
(APP) program.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from unanticipated
revenue in the Capital Projects Fund the sum of THREE HUNDRED EIGHTEEN THOUSAND
NINETY-NINE DOLLARS ($318,099) for the Poudre River Whitewater Project and appropriated
therein.
Section 3. That the unexpended appropriated amount of TWO THOUSAND FOUR
HUNDRED EIGHTY-ONE DOLLARS ($2,481) in the Capital Projects Fund - Poudre River
Whitewater Project is authorized for transfer to the Cultural Services and Facilities Fund and
appropriated therein for Art in Public Places projects.
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Section 4. That the unexpended appropriated amount SEVEN HUNDRED DOLLARS
($700) in the Capital Projects Fund- Poudre River Whitewater Project is authorized for transfer to
the Cultural Services and Facilities Fund and appropriated therein for the-Art in Public Places
Program Maintenance and Operations.
Introduced, considered favorably on first reading, and ordered published this 19th day of
June, A.D. 2018, and to be presented for final passage on the 3rd day of July, A.D. 2018.
Mayor
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Passed and adopted on final reading on the 3rd day of July, A.D. 2018.
Mayor
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